to the use of Biobeat Devices, as specied in the documentation
accompanying each Biobeat Device (for inance, without
limitation, any inructions document, user manual or guide) and
any inructions poed on Biobeat’s Application and/or Website
(all collectively, the “Documentation”), including without
limitation, requirements related to the equipment required for
use of certain components of the Biobeat’s Services (which may
include, without limitation, a computer with adequate software, a
supported mobile device and adequate internet access). The User
shall be solely responsible for the consequences of its failure to
comply with the inructions of the Documentation.
Subject to the full payment for Biobeat’s Services, and to these
Terms, Biobeat grants the User with a limited, revocable, non-
exclusive, non-transferable, non-sublicensable license, to (i)
access and use the applicable Biobeat Service, and (ii) access and
view Biobeat Materials and Biobeat Stats (as dened below). This
license is provided solely for the User’s and its personnel use, and
does not allow for any use that was not explicitly permitted under
these Terms.
Notwithanding anything to the contrary herein, the User may
not perform, attempt to perform, or encourage or assi others
in performing any of the following: (i) connecting to or accessing
Biobeat Devices other than through the use of the Biobeat
Application and/or Website (without limitation, use of any device
that is not manufactured, diributed, or sold by or on behalf of
Biobeat, including without limitation any knock o or counterfeit
versions, is prohibited), (ii) use of any Biobeat Materials, and/or
any Biobeat Stats for commercial purposes without Biobeat’s
consent, (iii) accessing or tampering with non-public areas of
the Biobeat Services, (iv) teing the vulnerability of any Biobeat
syem, breaching any security or authentication measures,
or circumventing any technological measure implemented by
Biobeat or any of its providers to protect the Biobeat Services,
(v) decompiling, disassembling, reverse engineering, tampering
with, or attempting to derive the source code of any portion of
the Biobeat Services, (vi) copying, adapting, modifying, preparing
derivative works based upon the Biobeat Services, Biobeat
Materials and/or Biobeat Stats, and/or (vii) diributing, licensing,
selling, transferring, publicly displaying, publicly performing,
transmitting, broadcaing or otherwise exploiting the Biobeat
Services, Biobeat Materials, Biobeat Stats and/or any portion
thereof in a manner not explicitly permitted herein.
4. Warranty
Biobeat warrants to the User (for as long as Biobeat Devices were
purchased from Biobeat and/or any authorized retailers and/or
diributors and/or resellers of Biobeat (collectively “Authorized
Resellers”), that Biobeat Devices as delivered are and shall
remain free from martial defects in materials or workmanship
under normal use (in accordance with the Documentation), for
a period of 12 months from the original date of purchase from
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